Congress, Constitutional Law, Courts

“Not Ruled by an All-Powerful Executive”: Federal Judge Declares Biden Loan Forgiveness Unconstitutional

We have previously discussed how the Administration stretched the 2003 Higher Education Relief Opportunities for Students (HEROES) to the breaking point as the basis for waiving roughly half a trillion dollars in debt owed to the public in college loans. Now, U.S. District Judge Mark Pittman of the Northern District of Texas has issued an opinion declaring that President Joe Biden violated the Constitution in unilaterally forgiving the debt before the midterm election. Judge Pittman wrote “[i]n this country, we are not ruled by an all-powerful executive with a pen and a phone.” It was former President Barack Obama who defied Congress with unilateral actions and declared that he would go it alone if needed because “I’ve got a pen, and I’ve got a phone.” Continue reading ““Not Ruled by an All-Powerful Executive”: Federal Judge Declares Biden Loan Forgiveness Unconstitutional” →

Columns, Congress, Constitutional Law, Media, Politics

“Giddy” as All Get Out? The Winners and Losers in a Shift in Control of Congress

Below is my column in the New York Post on why the self-described “giddy” White House might want to consider the impact of a loss of one or both houses of Congress. While many are still debating who will prevail in contested districts or states, the shift in power could produce its own “winners and losers.” Indeed, the President may find himself as giddy as all get out if he loses control of the House and possibly the Senate.

Here is the column:

Continue reading ““Giddy” as All Get Out? The Winners and Losers in a Shift in Control of Congress” →

Academia, Animals

Professor Luna Teaches Animal Liability at George Washington University
Professor Luna with her evening class

Yesterday, I co-taught my torts class with leading authority Luna Turley, Professor of Animal Welfare (PAW). Professor Luna has spent her life working on animal liability questions and taught both my day and evening classes on the common law rules governing dogs and other animals. Continue reading “Professor Luna Teaches Animal Liability at George Washington University” →

Columns, Congress, Media, Politics

Washington’s Pandora’s Box: The Opening of the Hunter Biden Laptop Could Expose the Cottage Industry of Influence Peddling

Below is my column in Fox.com on the impact of the likely GOP takeover of the House on the Hunter Biden scandal. Hunter Biden’s laptop is Washington’s Pandora’s Box. Opening up that laptop to greater public scrutiny could expose our local cottage industry of influence peddling.

Here is the column: Continue reading “Washington’s Pandora’s Box: The Opening of the Hunter Biden Laptop Could Expose the Cottage Industry of Influence Peddling” →

Media, Politics

“Worth Being Looked at”: Biden Supports Launching National Security Review of Elon Musk’s Twitter Purchase

President  Joe Biden said on Wednesday that “I’m not going to change anything” after the midterm elections even with the possible loss of one or both houses of Congress. One thing that did not change is Biden’s continued suggestion that his political opponents are fascists or national security threats. Biden is now supporting an investigation into whether Elon Musk’s taking over of Twitter is a national security threat. Biden’s statement comes just a couple days after Musk’s call for supporters to vote for Republican control of Congress and the President attacking him for his plan to restore free speech protections on Twitter. Continue reading ““Worth Being Looked at”: Biden Supports Launching National Security Review of Elon Musk’s Twitter Purchase” →

Columns, Congress, Media, Politics

Biden’s Inner Pluskat: How the Loss of Control of Either House Could Impact the President

Below is my column in the New York Post on what a flipping of either (or both) houses might bring for President Joe Biden. While the President has cited his own impeachment as the danger of such a change, it may be the least of his worries. As we wait for the final tally on seats in both houses, here are three areas that represent a more serious threat to the President than removal from office.

Here is the column:

Continue reading “Biden’s Inner Pluskat: How the Loss of Control of Either House Could Impact the President” →

Free Speech, Lawyering, Uncategorized

“Political Hackery” is No Legal Conspiracy: Vindman Lawsuit Tossed by Federal Court for Failing to State a Legal Claim

While largely lost in election day coverage, United States District Judge James Boasberg dismissed the much heralded case of retired Army Lt. Col. Alexander Vindman against Donald Trump Jr., Trump ally Rudy Giuliani and others for witness intimidation and retaliation. In a prior column, I criticized the lawsuit as deeply flawed. As is often the case, the media quickly moved on from the case and there is relatively far less coverage of the dismissal than the filing. Continue reading ““Political Hackery” is No Legal Conspiracy: Vindman Lawsuit Tossed by Federal Court for Failing to State a Legal Claim” →

Constitutional Law

“[You] are not Included on the List”: Florida Warns the Justice Department on Positioning Federal Monitors Inside Florida Polling Places

I will be doing the coverage tonight on the election for Fox News and election day has already gotten off to a lively start in terms of legal conflicts.  There are already dozens of lawsuits from both parties filed across the country. We previously discussed Fetterman’s recent effort to enlist the firm of controversial Clinton lawyer Marc Elias to get a federal court to strike down a Pennsylvania election provision. Now Florida Gov. Ron DeSantis’ administration has told the Department of Justice that federal Election Day poll monitors are “not permitted” inside polling places under Florida law. That could lead to an interesting conflict between state and federal authority at these polling places. Continue reading ““[You] are not Included on the List”: Florida Warns the Justice Department on Positioning Federal Monitors Inside Florida Polling Places” →

Constitutional Law, Courts, Lawyering, Politics

Fetterman Turns to Controversial Clinton Lawyer Marc Elias’ Firm to Strike Down Pennsylvania Election Provisions

Democratic Senate candidate John Fetterman and other Democrats have filed a federal lawsuit to strike down parts of Pennsylvania’s election law after the state Supreme Court ruled that mail-in ballots with incorrect dates or no dates should not be counted. Fetterman is challenging the state law on constitutional and federal statutes. He has turned to a controversial former lawyer for Hillary Clinton to seek to strike down the provision.

Continue reading “Fetterman Turns to Controversial Clinton Lawyer Marc Elias’ Firm to Strike Down Pennsylvania Election Provisions” →

Constitutional Law, Free Speech, International

German Politicians Move To Block Musk From Restoring Free Speech Protections on Twitter

We have been discussing how Hillary Clinton and other Democratic leaders have turned from private censorship to good old-fashioned state censorship. They have called upon their counterparts in England, France, and Germany to prevent the restoration of free speech protections with censorship laws — laws that would be unconstitutional in the United States. The British have already responded to such urgent calls and New Zealand Prime Minister Jacinda Ardern recently repeated this call for global censorship at the United Nations to the applause of diplomats and media alike. Now the German left has responded with the the ruling Social Democratic Party of Germany (SPD) calling for censorship before, to use Clinton’s words, “it is too late” and free speech is barred on Twitter. Continue reading “German Politicians Move To Block Musk From Restoring Free Speech Protections on Twitter” →

Media, Politics

Biden’s “Bottomless Pinocchio”: Washington Post Hits the President With Rare Rebuke for Repeated False Claims

We have been discussing a series of false statements made by President Biden about election law, border agents, Second Amendment, gun capacity, and a variety of personal facts, including all of the falsehoods addressed on this blog earlier. Now, the Washington Post has awarded President Biden a “bottomless Pinocchio” for his repeating of clearly false facts — a distinction that he now shares with his predecessor former President Donald Trump.  For those in the free speech community, it is a highly ironic moment given the President’s recent defense of censorship because citizens need “editors” to tell them what is real and what is not. Indeed, he asked, if we did not censor social media, “how will people know the truth?” Continue reading “Biden’s “Bottomless Pinocchio”: Washington Post Hits the President With Rare Rebuke for Repeated False Claims” →

Columns, Constitutional Law, Media, Politics

Constitutional Defamation: Democrats, not Democracy, are in Danger this Election

Below is a slightly expanded version of my Hill column on the widespread claims that democracy is in peril if the GOP prevails in the midterm elections. On the eve of the midterm elections, one would think that our constitutional system has only days to live. Indeed, on Fox Sunday, House Majority Whip James Clyburn declared “I’ve studied history all of my life. I taught history. And I’m telling you, what I see here are parallels to what the history was in this world back in the 1930s in Germany. This country is on track to repeat what happened in Germany when it was the greatest democracy going, when it elected a chancellor that then co-opted the media.” In other words, the Republicans are like Nazis about to overthrow democracy, an analogy to the rise of Adolph Hitler. It is notable that Democrats, including President Biden, are now arguing that the media is pro-Trump or coopted by the Republicans.

Here is the column:

Continue reading “Constitutional Defamation: Democrats, not Democracy, are in Danger this Election” →

Politics, Society

Washington Post Columnist: Doubting Fetterman’s Fitness is Embracing Eugenics
C-Span

On the eve of the midterm elections with Pennsylvania’s Senate race viewed as a dead heat, a debate has continued to rage over whether Democratic candidate John Fetterman is fit after suffering a serious stroke that impaired his communication and processing skills. However, as we previously discussed, many on the left have swatted back questions concerning Fetterman’s fitness as “ableism.” Now, the Washington Post has run a long column from University of Delaware Professor Jaipreet Virdi declaring that it is not just embracing ableism but eugenics to question Fetterman’s fitness. Continue reading “Washington Post Columnist: Doubting Fetterman’s Fitness is Embracing Eugenics” →

Constitutional Law, Courts, Politics, Supreme Court

“When True Democracy Goes Away, People Get Hurt”: Obama Joins Mantra that Democracy is at Risk if GOP Wins

Former President Barack Obama continued the Democratic campaign theme this week in arguing that democracy is in danger if Republicans prevail in the midterm elections. I have a new column out this weekend addressing the over-the-top rhetoric coming from Democratic politicians and pundits. However, the former president’s speech was revealing as he cited the very arguments made by Democrats  . . . as attacks on democracy.  Obama did not go as far as some but he also seemed to channel the dire warnings of the imminent collapse of our democracy if the Republicans should prevail in the elections.

Continue reading ““When True Democracy Goes Away, People Get Hurt”: Obama Joins Mantra that Democracy is at Risk if GOP Wins” →

Constitutional Law, Courts, Society

Ninth Circuit Rules Against Transgender Woman in Beauty Pageant Competition . . . Citing the Musical Hamilton

A panel on the United States Court of Appeals for the Ninth Circuit seemed to be channeling the lyrics of the musical Hamilton in noting that “Everything is legal in New Jersey.” The panel ruled against  a transgender woman who brought a discrimination claim against a beauty pageant that allowed only “natural-born females” to compete. In a prior 2016 column, I discussed the racially discriminatory consideration of only “non-Whites” for the cast of the much-celebrated production. The majority opinion written by Judge Lawrence VanDyke noted the policy in upholding a policy that excluded trans women from the Miss United States of America pageant in Oregon. Continue reading “Ninth Circuit Rules Against Transgender Woman in Beauty Pageant Competition . . . Citing the Musical Hamilton” →

Res ipsa loquitur – The thing itself speaks